MRL3702 Assignment No 2

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MRL 3702

ASSINGMENT NO 2

STUDENT NO 46807209

MRL 3702 Assigniment
NO 2

QUESTION1



Neither the Constitution nor the LRA defines ‘collective bargaining’ but it is generally held to
Be negotiations between parties with the view to listen and consider the views of others in order to
find common ground. Through collective bargaining parties (trade unions and
employers/employers’ organisations) with different views and desires are able to reach agreement on
a variety of issues. It is called collective bargaining because employees, collectively, represented by a
trade union, and not as individuals, negotiate with the employer. The duty to bargain
Although section 23(5) of the Constitution provides for the right to collective bargaining, this does
not mean that there is a duty on employers to bargain with employees, or employees with
employers. The

LRA encourages collective bargaining by granting organisational rights and by allowing union
security

arrangements. The refusal to bargain can result in industrial action by employees in order to
convince the

employer to bargain.

Employees organise themselves into trade unions which represent them during bargaining. A trade
union

is defined as an association of employees whose principal purpose is to regulate the relations
between

employers or employers’ organisations and employees.

A single employer can engage in collective bargaining with a trade union, or employers may
form an

employer’s organisation which will serve as bargaining agent. Trade unions and employers’
organisations




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